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DNA must change its service for checking contract details to comply with the law – Supreme Administrative Court did not grant DNA leave to appeal

As from 1 January 2022, telecommunications operators have been required to provide consumers with an opportunity to check the end date of their fixed-term mobile subscription contracts via a text message (SMS). According to the Finnish Transport and Communications Agency Traficom, the service provided by DNA Plc has not met the requirements laid down by law. Traficom required the company to fix its service and issued a notice of a conditional fine to enforce the obligation. By doing so, Traficom wanted to ensure that the customers of all telecommunications operators have an equal opportunity to check the end date of their subscription contracts via a service that is free of charge, easy to use and immediately provides the requested information. The Administrative Court rejected DNA’s appeal this summer. The Supreme Administrative Court has now issued a final decision on the matter by refusing to grant DNA leave to appeal.

As from 1 January 2022, telecommunications operators have been required to provide consumers with an opportunity to check the end date of their fixed-term mobile subscription contracts via a text message (SMS). According to the Finnish Transport and Communications Agency Traficom, the service provided by DNA Plc has not met the requirements laid down by law. Traficom required the company to fix its service and issued a notice of a conditional fine to enforce the obligation. By doing so, Traficom wanted to ensure that the customers of all telecommunications operators have an equal opportunity to check the end date of their subscription contracts via a service that is free of charge, easy to use and immediately provides the requested information. The Administrative Court rejected DNA’s appeal this summer. The Supreme Administrative Court has now issued a final decision on the matter by refusing to grant DNA leave to appeal. 

As from the beginning of this year, consumers have been able to check the duration of their fixed-term mobile subscription contracts by sending the message ‘SOPIMUS’ (or ‘ABONNEMANG’ in Swedish) to the number 18321. The service will immediately send a response with the end date of the fixed-term contract in question. Consumers can use the service, for example, if they receive an offer from another telecommunications operator and consider changing service providers. 

DNA required its customers to give separate consent to allow the service before they could use it. This means that the service has not been easy to use and immediate in the sense required by law. Traficom issued a decision requiring DNA to end its practice of requiring separate consent and imposed a running conditional fine to enforce the obligation.

DNA must implement its service for checking contract details in compliance with the law by 14 October 2022

Because the Supreme Administrative Court refused to grant DNA leave to appeal, the company’s customers will be provided with a possibility to easily check the duration of their subscription contracts. If DNA fails to change its service to comply with the requirements of the law by 14 October 2022, it will be required to pay a conditional fine of EUR 100,000 and, after 28 October 2022, an additional EUR 50,000 for each full period of two weeks until it fulfils its obligation.

Traficom wants to ensure that the customers of all telecommunications operators are provided with an easy-to-use service for checking their contract duration. Therefore, Traficom also requires Telia Finland Plc to reinstate the SMS service it already provided but changed on 16 August making it more difficult for its customers to check the expiry date of their fixed-term contracts. “All consumers must have an equal opportunity to easily and immediately check the duration of their fixed-term subscription contracts free of charge. This promotes competition and gives consumers more choice,” says Deputy Director-General Jenni Eskola.

Traficom supervises that telecommunications operators provide the service as required by the law.